Basic Issues In Courts Performance

World Bank Technical Paper no. 430.QUOTEMany countries are undertaking legal and judicial reforms as part of their overall development programs; there is increasing recognition that economic and social progress requires consolidation of democracy as well as respect for the rule of law and human rights; without these development is not sustainable.QUOTEMany developing countries find that their judiciaries are inconsistent in conflict resolution and carry a large backlog of cases, thus stifling private-sector growth, eroding individual and property rights, and perhaps even violating human rights. Delays affect both the fairness and the efficiency of the system. They impede the public's access to the courts, which, in effect, weakens democracies, the rule of law and the ability to enforce human rights. This paper aims to describe and explain the performance of court systems in a sample of developing and developed countries in order to provide data to those designing or evaluating reforms. The study also seeks to show areas in which international comparison of judicial performance can be fruitful, suggesting indicators that can be used in such comparisons. Finally, it endeavors to provide comparisons of performance within individual countries over time.

Increasing importance has been placed on an effective and efficient judiciary by governments and civil society. However, apart from decisions that they render, little is known about court performance trends. The judicial reform experiences so far have made it clear that more information is needed to review and compare trends among different countries. This paper addresses the efficiency aspect of court performance, as it can be quantitatively measured using objective data. In addition, congestion, cost, and delay are some of the problems most often complained about by the public. This paper reviews data collected from eleven countries on three continents and provides a description of performance. The main areas of comparison include the number of cases filed, resolved, and pending per judge, the clearance and congestion rates, time to resolve a case, the number of judges, and the cost of a case. The paper also reviews the recent trends within each country and discusses some possible reforms.

Explores the contributions of international courts and tribunals in terms of performance by offering a comparative analysis of international courts.

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

This is a print on demand edition of a hard to find publication. Everyone involved in the protection of children is committed to the goals of safety, permanency, and well-being for every child. There must be a continuous process of improving and strengthening dependency systems and cross-system supports. Performance measurement (PM) is a critical first step. We must first know how our current systems are doing. Two Federal agencies have cosponsored a broad-based effort to measure the progress of juvenile and family courts in addressing the needs of abused and neglected children. This Toolkit provides practical, comprehensive guidance on how to undertake PM and move toward more efficient and effective dependency court operations. The Toolkit is useful for any juvenile or family court. Illustrations.

This book argues that we must look beyond the traditional criteria of compliance and effectiveness to judge the performance of Africa's international courts. It demonstrates how these courts are important venues for activists and opposition parties to wage political, social, environmental, and legal struggles on the international stage.